マレーシア•イスラーム法における離婚制度

一九八四年イスラーム家族法(連邦直轄領)を手がかりとして

抄録

The purpose of this paper is to consider how muslim divorce law has been applied in Malaysia since the Islamic Family Law Act [Federal Territory] 1984 implemented, comparing with the traditional Shaf'i school's law most what Malay follow and some other Islamic countries' family law. In Islamic law, there are different rights of divorce between wife and husband. Though many critics insist that poligamy or unilateral divorce by husband, the divorce by pronouncement of talaq, have oppressed wife for a long time, many Islamic countries have reformed Islamic family law in this century. The Islamic Family Law Act [Federal Territory] 1984 shares certain similarities. This act limits unilateral divorce by husband to some extent and eases wife to ask apply to the Islamic court to dissolute marriage. This act also reform the traditional Shaf'i school's law, which prohibits the pronouncement of talaq without permission by the Islamic court and increase the reason for giving the right of divorce to the wife. On the other hand, this act is different from some Islamic countries. This act doesn't limit the divorce by three talaq which is valid as soon as husband pronounce talaq, and therefore, this form of divorce has been regarded as unfavorable in Islamic law. This act intends every divorce to be within the court, however according to some cases, it is apparent that the divorce without permission by judges still has continued.